69 FR 72 pgs. 19805-19810 - Fisheries of the Northeastern United States; Recreational Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2004
Type: PRORULEVolume: 69Number: 72Pages: 19805 - 19810
Docket number: [Docket No.040326103-4103-01; I.D. 031504A]
FR document: [FR Doc. 04-8488 Filed 4-13-04; 8:45 am]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version: PDF Version
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.040326103-4103-01; I.D. 031504A]
RIN 0648-AQ82
Fisheries of the Northeastern United States; Recreational Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2004
AGENCY:
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Proposed rule; request for comments.
SUMMARY:
NMFS proposes recreational measures for the 2004 summer flounder, scup, and black sea bass fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the upcoming fishing year and to provide an opportunity for public comment. The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources.
DATES:
Comments must be received on or before April 29, 2004.
ADDRESSES:
Comments on the proposed recreational measures should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope "Comments on Recreational Specifications." Comments may also be submitted via facsimile (fax) to 978-281-9135, and via e-mail to the following address: FSBREC04@noaa.gov . Comments may also submitted electronically through the Federal e-Rulemaking portal: http://www.regulations.gov .
Copies of supporting documentsused by the Summer Flounder, Scup, and Black Sea Bass Monitoring Committeesand of the Environmental Assessment, Regulatory Impact Review, InitialRegulatory Flexibility Analysis (EA/RIR/IRFA) are available from DanielFurlong, Executive Director, Mid-Atlantic Fishery Management Council, Room2115, Federal Building, 300 South Street, Dover, DE 19901-6790, andare accessible via the Internet at http://www.nero.noaa.gov/ro/doc/com.htm .
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, Fishery Policy Analyst, (978) 281-9279, fax (978) 281-9135, e-mail sarah.mclaughlin@noaa.gov .
SUPPLEMENTARY INFORMATION:
Background
The summer flounder, scup, and black sea bass fisheries are managedcooperatively by the Atlantic States Marine Fisheries Commission(Commission) and the Mid-Atlantic Fishery Management Council (Council), inconsultation with the New England and South Atlantic Fishery ManagementCouncils.
The management units specified in the Fishery Management Plan (FMP) forthe Summer Flounder, Scup, and Black Sea Bass Fisheries include summerflounder ( Paralichthys dentatus ) in U.S. waters of theAtlantic Ocean from the southern border of North Carolina (NC) northward tothe U.S./Canada border, and scup ( Stenotomus chrysops ) andblack sea bass ( Centropristis striata ) in U.S. waters of theAtlantic Ocean from 35°13.3' N. lat. (the latitude of CapeHatteras Lighthouse, Buxton, NC) northward to the U.S./Canada border.
The FMP and its implementing regulations, which are found at 50 CFR part648, subparts A, G (summer flounder), H (scup), and I (black sea bass),describe the process for specifying annual recreational measures that applyin the Exclusive Economic Zone (EEZ). The states manage these fisherieswithin 3 miles of their coasts, under the Commission's Interstate SummerFlounder, Scup, and Black Sea Bass FMP. The Federal regulations governvessels fishing in the EEZ, as well as vessels possessing a Federalfisheries permit, regardless of where they fish.
The Council's FMP established Monitoring Committees (Committees) for thethree fisheries, consisting of representatives from the Commission, theMid-Atlantic, New England, and South Atlantic Councils, and NMFS. The FMPand its implementing regulations require the Committees to reviewscientific and other relevant information annually and to recommendmanagement measures necessary to achieve the recreational harvest limitsestablished for the summer flounder, scup, and black sea bass fisheries forthe upcoming fishing year. The FMP limits these measures to minimum fishsize, possession limit, and fishing season.
The Council's Demersal Species Committee and the Commission's SummerFlounder, Scup, and Black Sea Bass Management Board (Board) then considerthe Committees' recommendations and any public comment in making theirrecommendations to the Council and the Commission, respectively. TheCouncil then reviews the recommendations of the Demersal Species Committee,makes its own recommendations, and forwards them to NMFS for review. TheCommission similarly adopts recommendations for the states. NMFS isrequired to review the Council's recommendations to ensure that they areconsistent with the targets specified for each species in the FMP.
Final quota specifications for the 2004 summer flounder, scup, and blacksea bass fisheries were published on January 14, 2004 (69 FR 2074). Thesespecifications were determined to be consistent with the 2004 targetfishing mortality rate (F) (for summer flounder) and target exploitationrates (for scup and black sea bass). The 2004 coastwide recreationalharvest limits are 11.21 million lb (5,085 mt) for summer flounder, 3.99million lb (1,810 mt) for scup, and 4.01 million lb (1,819 mt) for blacksea bass. The specifications did not establish recreational measures,since final recreational catch data for 2003 were not available when theCouncil made its recreational harvest limit recommendation to NMFS.
All minimum fish sizes discussed below are total length measurements ofthe fish, i.e., the straight-line distance from the tip of the snout to theend of the tail while the fish is lying on its side.
Summer Flounder
Recreational landings for 2003 were estimated to be 11.565 million lb(5,246 mt), 25 percent greater than the 2003 recreational harvest limit (byweight). However, all states are estimated to be below their 2003 targetswhen their allocations are converted to number of fish using the averageweight of summer flounder harvested during 2002 and 2003. The onlyexceptions are NY (110 percent over), NJ (9 percent over), and CT (6percent over). The 2004 coastwide harvest limit is 11.21 million lb (5,085mt), a 21-percent increase over the 2003 harvest limit, and 3 percentless than the estimated 2003 landings. Assuming the same level of fishingeffort in 2004 as in 2003, a 3-percent reduction in landingscoastwide would be required for summer flounder. As described below, underconservation equivalency, as recommended by the Council, NY and NJ would berequired to reduce summer flounder landings in 2004, by 48.5 percent and1.3 percent, respectively.
NMFS implemented Framework Adjustment 2 to the FMP on July 29, 2001 (66FR 36208), which established a process that makes conservation equivalencyan option for the summer flounder recreational fishery. Conservationequivalency allows each state to establish its own recreational managementmeasures (possession limits, minimum fish size, and fishing seasons), aslong as the combined effect of all of the states' management measuresachieves the same level of conservation as would Federal coastwide measuresdeveloped to achieve the recreational harvest limit, if implemented by allof the states. Conservation equivalency was approved for the 2003 summerflounder recreational fishery.
The Council and Board recommend annually that either state-specificrecreational measures be developed (conservation equivalency) or coastwidemanagement measures be implemented by all states to ensure that therecreational harvest limit will not be exceeded. Even when the Council andBoard recommend conservation equivalency, the Council must specify a set ofcoastwide measures that would apply if conservation equivalency is notapproved. If conservation equivalency is recommended and, followingconfirmation that the proposed state measures would achieve conservationequivalency, NMFS may waive the permit condition found at§ 648.4(b), which requires federally permitted vessels to complywith the more restrictive management measures when state and Federalmeasures differ. Federally permitted charter/party permit holders andrecreational vessels fishing for summer flounder in the EEZ then would besubject to the recreational fishing measures implemented by the state inwhich they land summer flounder rather than the coastwide measures. Inaddition, the Council and the Board must recommend precautionary defaultmeasures. The Commission would require adoption of the precautionarydefault measures by any state that either does not submit a summer floundermanagement proposal to the Council's Summer Flounder Technical Committee,or that submits measures that are determined by the Board not to achievethe required reduction. The precautionary default measures are defined asthe measures that would achieve at least the overall required reduction inlandings for each state.
In December 2003, the Council and Board voted to recommend conservationequivalency to achieve the 2004 recreational harvest limit. TheCommission's conservation equivalency guidelines require each state, usingstate-specific equivalency tables, to determine and implement anappropriate possession limit, minimum fish size, and closed season toachieve the landings reduction necessary for each state. Thestate-specific tables are adjusted to account for the past effectiveness ofthe regulations in each state. Landings projections for 2003 indicate thatNY and NJ will be the only states required to reduce recreational summerflounder landings in 2004, by 48.5 percent and 1.3 percent, respectively.States other than NY and NJ (from ME to NC) would not require anyreductions in recreational summer flounder landings if their currentregulations are maintained.
The Board required that each state submit its conservation equivalencyproposal to the Commission by February 17, 2004. The Commission's SummerFlounder Technical Committee then evaluated the proposals and advised theBoard of each proposal's consistency with respect to achieving thecoastwide recreational harvest limit. The Commission has invited publicparticipation in its review process by holding public meetings and offeringthe public the opportunity to comment on the state proposals. The Boardmet on March 11, 2004, and approved all of the state management proposals.For some states, the Board approved multiple management options. Oncethese states select and submit their final summer flounder managementmeasures to the Commission, the Commission officially will notify NMFS asto which state proposals have been approved or disapproved. NMFS retainsthe final authority to either approve or disapprove using conservationequivalency in place of the coastwide measures and will publish itsdetermination in the final rule, establishing the 2004 recreationalmeasures for these fisheries.
States that do not submit conservation equivalency proposals, or forwhich proposals were disapproved by the Commission, would be required bythe Commission to adopt the precautionary default measures. In the case ofstates that are initially assigned precautionary default measures, butsubsequently receive Commission approval of revised state measures, NMFSwill publish a notice in the Federal Register announcing awaiver of the permit condition at § 648.4(b).
The coastwide measures recommended by the Council and Board consist of a17-inch (43.2-cm) minimum fish size, a possession limit of fourfish per person, and no closed season. In this action, NMFS proposes tomaintain the coastwide measures in the EEZ. The coastwide measures wouldreduce recreational landings by 11 percent, based on 2001 data, assumingthe coastwide regulations are implemented by all states. State-specificreductions in landings would range from 0 percent in MD to 63 percent inNC. These measures would be waived if conservation equivalency isapproved.
The precautionary default measures specified by the Council and Boardare the same as specified for 2003 and consist of an 18-inch(45.7-cm) minimum fish size, a possession limit of one fish perperson, and no closed season.
Scup
For 2004, the Total Allowable Landings of scup was maintained at the2003 level. As a result of a slightly larger research set-aside amount for2004 than for 2003, the 2004 scup recreational harvest limit is 3.99million lb (1,812 mt), a less than 1-percent decrease from the 2003harvest limit of 4.01 million lb (1,819 mt). Recreational landings in 2003were estimated to be 9.6 million lb (4,354 mt), more than twice the 2003harvest limit. To achieve the 2004 target, a 58-percent reduction inlandings relative to landings in 2003 is necessary.
The 2004 scup recreational fishery will be managed under separateregulations for state and Federal waters; the Federal measures would applyto party/charter boats with Federal permits and other vessels subject tothe possession limit that fish in the EEZ. In Federal waters, to achievethe 2004 target, the Council recommended coastwide management measures of a10-inch (25.4-cm) minimum fish size, a 50-fish possessionlimit, and open seasons of January 1 through February 29, and August 15through November 30. However, additional analysis indicates that theserecommended measures would achieve only a 48-percent reduction inlandings relative to landings in 2003. In order to achieve the required58-percent reduction, NMFS proposes to implement coastwide managementmeasures of a 10-inch (25.4-cm) minimum fish size, a50-fish possession limit, and open seasons of January 1 through thelast day of February, and September 8 through November 30. For comparativepurposes, the current (status quo) scup recreational measures in the EEZare a 10-inch (25.4-cm) minimum fish size, a 50-fishpossession limit, and open seasons of January 1 through February 28, andJuly 1 through November 30.
As in the past 2 years, the scup fishery in state waters will be managedunder a regional conservation equivalency system developed through theCommission. Addendum XI to the Interstate FMP (Addendum XI), approved bythe Board at the January 2004 Council/Commission meeting, requires that thestates of MA through NY each develop state-specific management measures toreduce their landings by 57 percent relative to their landings in 2003,through a combination of minimum fish size, possession limits, and seasonalclosures. In February 2004, the Commission revised the required reductionof landings for MA through NY to 53.2 percent, based on Marine RecreationalFisheries Statistical Survey (MRFSS) landings estimates through December2003. At the March 11, 2004, meeting, the Board approved the status quomeasures for NJ, i.e., a 10-inch (25.4-cm) minimum size, a50-fish possession limit, and an open season of July 1 throughDecember 31. Due to low scup landings in the southern states, DE throughNC, the Board approved the retention of status quo management measures,i.e., an 8-inch (20.3-cm) minimum fish size, a 50-fishpossession limit, and no closed season. The northern states are expectedto submit management measures to the Commission for technical review inthe next few weeks. Because the Federal FMP does not contain provisionsfor conservation equivalency, and states may adopt their own uniquemeasures under Addendum XI, it is likely that state and Federalrecreational scup measures will differ for the 2004 season.
Black Sea Bass
The 2004 black sea bass recreational harvest limit is 4.01 million lb(1,819 mt), a 17-percent increase from the 2003 harvest limit.Recreational landings in 2003 were estimated to be 3.995 million lb (1,812mt), 16 percent over the 2003 target. Assuming the same level of fishingeffort in 2004, no coastwide reduction in landings is required.
Currently, the Federal coastwide black sea bass recreational measuresare: a 25-fish per person possession limit; a minimum size of 12inches (30.5 cm); and open seasons of January 1 through September 1, andSeptember 16 through November 30. State regulations vary. Although noreduction in landings is required relative to 2003 landings, the Counciland Board decided to take a precautionary approach to maintain the statusquo measures. The Council recommended open seasons from January 1 throughSeptember 7, and September 22 through November 30. These measures areexpected to constrain recreational black sea bass landings to the 2004target.
Classification
This proposed rule has been determined to be not significant forpurposes of Executive Order 12866.
The Council prepared an IRFA that describes the economic impact thisproposed rule, if adopted, would have on small entities.
A description of the action, why it is being considered, and the legalbasis for this action are contained in the preamble to this proposed rule.This proposed rule does not duplicate, overlap, or conflict with otherFederal rules. A copy of the complete IRFA is available from the Council(see ADDRESSES ). A summary of the analysis follows.
The proposed action could affect any recreational angler who fishes forsummer flounder, scup, or black sea bass. However, the IRFA focuses uponthe impacts on party/charter vessels issued a Federal permit for summerflounder, scup, and/or black sea bass because these vessels are consideredsmall business entities for the purposes of the Regulatory FlexibilityAnalysis (RFA), i.e., businesses with receipts (gross revenues) of up to$3.5 million. These small entities can be specifically identified in theFederal vessel permit database and would be impacted by the recreationalmeasures, regardless of whether they fish in Federal or state waters.Although individual recreational anglers are likely to be impacted, theyare not considered small entities under the RFA. Also, there is no permitrequirement to participate in these fisheries, thus, it would be difficultto quantify any impacts on recreational anglers in general.
In the EA/IRFA, the no-action alternative (i.e., maintenance of theregulations as codified) is defined as implementation of the following:(1) for summer flounder, coastwide measures of a 17-inch(43.2-cm) minimum fish size, a 4-fish possession limit, and no closed season, i.e., the measure that would be implemented if conservationequivalency is not implemented in the final rule; (2) for scup, a10-inch (25.4-cm) minimum fish size, a 50-fish possessionlimit, and open seasons of January 1 through February 28, and July 1through November 30; and (3) for black sea bass, a 12-inch(30.5-cm) minimum size, a 25-fish per person possession limit,and an open season of January 1 through September 1, and September 16through November 30.
The implications of the no-action alternative are substantial. Forsummer flounder, reductions in landings would range from 0 percent in MD to63 percent in NC. The no-action alternative (i.e., maintenance of theregulations as codified) would not be restrictive enough to effect therecommended 58-percent reduction in scup landings relative to 2003,but would constrain black sea bass landings to the harvest limit for 2004.In consideration of the recreational harvest limits established for the2004 fishing year, taking no action in the summer flounder and scupfisheries would be inconsistent with the goals and objectives of the FMPand its implementing regulations, and, because it could result inoverfishing of the scup fishery, also would be inconsistent with NationalStandard 1 of the Magnuson-Stevens Act. Therefore, the no-actionalternative was not considered to be an acceptable alternative to thepreferred action.
The Council estimated that the proposed measures could affect any of the775 vessels possessing a Federal charter/party permit for summer flounder,scup, and/or black sea bass in 2002, the most recent year for whichcomplete permit data are available. Only 327 of these vessels reportedactive participation in the recreational summer flounder, scup, and/orblack sea bass fisheries in 2002.
Effects of the various management measures were analyzed by employingquantitative approaches, to the extent possible. Where quantitative datawere not available, the Council conducted qualitative analyses. AlthoughNMFS's Regulatory Flexibility Act guidance recommends assessing changes inprofitability as a result of proposed measures, the quantitative impactswere instead evaluated using changes in party/charter vessel revenues as aproxy for profitability. This is because reliable cost data are notavailable for these fisheries. Without reliable cost data, profits cannotbe discriminated from gross revenues. As reliable cost data becomeavailable, impacts to profitability can be more accurately forecast.Similarly, changes to long-term solvency were not assessed due both to theabsence of cost data and because the recreational management measureschange annually according to the specification-setting process.
Assessments of potential changes in gross revenues for all 18combinations of alternatives proposed in this action were conducted forfederally permitted party/charter vessels in each state in the NortheastRegion (NE). Management measures proposed under the summer flounderconservation equivalency alternative have yet to be adopted; therefore,potential losses under this alternative could not be analyzed inconjunction with alternatives proposed for scup and black sea bass. Sinceconservation equivalency allows each state to tailor specific recreationalfishing measures to the needs of that state, while still achievingconservation goals, it is likely that the measures developed under thisalternative, when considered in combination with the measures proposed forscup and black sea bass, would have fewer overall adverse effects than anyof the other combinations that were analyzed.
Impacts were examined by first estimating the number of angler tripsaboard party/charter vessels in each state in 2003 that would have beenaffected by the proposed 2004 management measures. All 2003 party/charterfishing trips that would have been constrained by the proposed 2004measures in each state were considered to be affected trips.
There is very little information available to estimate empirically howsensitive the affected party/charter vessel anglers might be to theproposed fishing regulations, with the exception of states for which thecontribution of summer flounder, scup, and black sea bass to the totalcatch by party/charter vessels is negligible (ME and NH) and DE, for whichresults are suppressed for confidentiality purposes. If the proposedmeasures discourage trip-taking behavior among some of the affectedanglers, economic losses may accrue to the party/charter vessel industry inthe form of reduced access fees. On the other hand, if the proposedmeasures do not have a negative impact on the value or satisfaction theaffected anglers derive from their fishing trips, party/charter revenueswould remain unaffected by this action. In an attempt to estimate thepotential changes in gross revenues to the party/charter vessel industry ineach state, two hypothetical scenarios were considered: A25-percent reduction, and a 50-percent reduction, in the numberof fishing trips that are predicted to be affected by implementation of themanagement measures in the NE (ME through NC) in 2004.
Total economic losses to party/charter vessels were then estimated bymultiplying the number of potentially affected trips in each state in 2004,under the two hypothetical scenarios, by the estimated average access feepaid by party/charter anglers in the NE in 2003. Finally, total economiclosses were divided by the number of federally permitted party/chartervessels that participated in the summer flounder, scup, and/or, black seabass fisheries in 2002 in each state (according to homeport state in the NEdatabase) to obtain an estimate of the average projected gross revenue lossper party/charter vessel in 2004.
The MRFSS data indicate that anglers fished 34.66 million days in 2003in the NE. In the NE, party/charter anglers comprised about 5 percent ofthe angler fishing days. The number of trips in each state ranged fromapproximately 14,000 in ME to approximately 457,000 in NJ. The number oftrips that targeted summer flounder, scup, and/or black sea bass wasidentified, as appropriate, for each measure, and the number of trips thatwould be impacted by the proposed measures was estimated. Finally, therevenue impacts were estimated by calculating the average fee paid byanglers on party/charter vessels in the NE in 2003 ($37.70 per angler), andthe revenue impacts on individual vessels were estimated. The analysisassumed that angler effort and catch rates in 2004 will be similar to2003.
The Council noted that this method is likely to result in overestimationof the potential revenue losses that would result from implementation ofthe proposed coastwide measures in these three fisheries for severalreasons. First, the analysis likely overestimates the potential revenueimpacts of these measures because some anglers would continue to takeparty/charter vessel trips, even if the restrictions limit their landings.Also, some anglers may engage in catch and release fishing and/or targetother species. It was not possible to estimate the sensitivity of anglersto specific management measures. Second, the universe of party/chartervessels that participate in the fisheries is likely to be even larger thanpresented in these analyses, as party/charter vessels that do not possess aFederal summer flounder, scup, or black sea bass permit because they fishonly in state waters are not represented in the analyses. Considering thelarge proportion of landings from state waters (approximately 90 percent ofsummer flounder and scup landings in 2002), it is probable that someparty/charter vessels fish only in state waters and, thus, do not holdFederal permits for these fisheries. Third, vessels that hold only statepermits likely will be fishing under different, potentially lessrestrictive, recreational measures for summer flounder and scup in statewaters under the Commission's conservation equivalency programs.
Impacts of Summer Flounder Alternatives
The proposed action for the summer flounder recreational fishery wouldlimit coastwide catch to 11.21 million lb (5,085 mt) by either waiving thepermit condition at § 648.4(b) and requiring Federal permitholders to comply with management measures set by the states (conservationequivalency) or imposing coastwide Federal measures throughout the EEZ.
The impact of the proposed summer flounder conservation equivalencyalternative (in Alternative 1) among states is likely to be similar to thelevel of landings reductions that are required of each state. As indicatedabove, only NY and NJ would be required to reduce summer flounder landingsin 2004, relative to their 2003 landings (by 48.5 percent and 1.3 percent,respectively). If the preferred conservation equivalency alternative iseffective at achieving the recreational harvest limit, then it is likely tobe the only alternative that minimizes adverse economic impacts, to theextent practicable, yet achieves the biological objectives of the FMP.Because states have a choice, it is more rational for the states to adoptconservation equivalent measures that result in fewer adverse economicimpacts than to adopt the much more restrictive precautionary defaultmeasures (i.e., only one fish measuring at least 18 inches (45.7 cm)).
The impacts of the non-preferred summer flounder coastwide alternative(in Alternative 2), i.e., a 17-inch (43.2-cm) minimum fishsize, a four-fish possession limit, and no closed season, were evaluatedusing the quantitative method described above. Impacted trips were definedas individual angler trips taken aboard party/charter vessels in 2003 thatlanded at least one summer flounder smaller than 17 inches (43.2 cm), orthat landed more than four summer flounder. The analysis concluded thatthe measures would affect 1.1 percent of the party/charter vessel trips inthe NE.
The state-specific landings reductions associated with the precautionarydefault measures, consisting of an 18-inch (45.7-cm) minimumfish size, a one-fish possession limit, and no closed season, would reducestate specific landings by a range of 41 percent (DE) to 88 percent (NC),relative to landings in these states in 2003. The state-specific landingsreductions associated with the precautionary default measures aresubstantially higher than the reductions that would be implemented usingconservation equivalency. As such, it is expected that states will avoidthe impacts of precautionary default measures by establishing conservationequivalent management measures. Therefore, the precautionary defaultprovision that is included in the conservation equivalency proposal was notanalyzed as a separate provision.
Impacts of Scup Alternatives
The proposed action for scup would limit coastwide landings to 3.99million lb (1,812 mt) and reduce landings by at least 58 percent comparedto 2003.
For the preferred scup alternative (in Alternative 1), impacted tripswere defined as individual angler trips taken aboard party/charter vesselsin 2003 that landed at least 1 scup smaller than 10 inches (25.4 cm), thatlanded more than 50 scup, or that landed at least 1 scup during theproposed closed seasons of March 1 through August 14, and December 1through December 31. The analysis concluded that the measures would affect2.4 percent of party/charter vessel trips in the NE.
For the scup no action alternative (in Alternative 2), impacted tripswere defined as individual angler trips taken aboard party/charter vesselsin 2003 that landed at least 1 scup smaller than 10 inches (25.4 cm), thatlanded more than 50 scup, or that landed at least 1 scup during the periodsof March 1 through June 30, and December 1 through December 31. Theanalysis concluded that the measures would affect 1.2 percent ofparty/charter vessel trips in the NE.
For the scup measures considered in Alternative 3, impacted trips weredefined as individual angler trips taken aboard party/charter vessels in2003 that landed at least 1 scup smaller than 10 inches (25.4 cm), thatlanded more than 50 scup, or that landed at least 1 scup during the periodMarch 1 through September 7, and December 1 through December 31. Theanalysis concluded that the measures in this alternative would affect 3.2percent of party/charter vessel trips in the NE.
Impacts of Black Sea Bass Alternatives
The proposed action for black sea bass would limit coastwide landings to4.01 million lb (1,819 mt). For the preferred black sea bass alternative(in Alternative 1), impacted trips were defined as individual angler tripstaken aboard party/charter vessels in 2003 that landed at least 1 black seabass smaller than 12 inches (30.5 cm), that landed more than 25 black seabass, or that landed at least 1 black sea bass during the proposed closedseasons of September 8 through September 21, and December 1 throughDecember 31. The analysis concluded that the measures would affect lessthan 1 percent of party/charter vessel trips in the NE.
For the non-preferred black sea bass measures considered in Alternative2, impacted trips were defined as individual angler trips taken aboardparty/charter vessels in 2003 that landed at least 1 black sea bass smallerthan 11.5 inches (29.2 cm), that landed more than 25 black sea bass, orthat landed at least 1 black sea bass during the period of September 2through September 15, and December 1 through December 31. The analysisconcluded that the proposed alternative would affect less than 1 percent ofparty/charter vessel trips in the NE.
For the non-preferred black sea bass measures considered in Alternative3, impacted trips were defined as individual angler trips taken aboardparty/charter vessels in 2003 that landed at least 1 black sea bass smallerthan 12 inches (30.5 cm) or that landed more than 20 black sea bass. Theanalysis concluded that the measures would affect 1.4 percent ofparty/charter trips.
Combined Impacts of Summer Flounder, Scup, and Black Sea BassAlternatives
Since the management measures under summer flounder Alternative 1 (i.e.,conservation equivalency) have yet to be adopted, the effort effects ofthis alternative could not be analyzed in conjunction with the alternativesproposed for scup and black sea bass. The percent of total party/chartervessel trips in the NE that were estimated to be affected by the otheralternatives ranged from a low of 3 percent for the combination of measuresproposed under summer flounder Alternative 2, scup Alternative 2, and blacksea bass Alternative 2 to 10.5 percent for the precautionary defaultmeasures for summer flounder combined with the measures proposed under scupAlternative 3 and black sea bass Alternative 3.
Potential revenue losses in 2004 could differ for party/charter vesselsthat land more than one of the regulated species. The cumulative maximumgross revenue loss per vessel varies by the combination of permits held andby state. All 18 potential combinations of management alternativesproposed for summer flounder, scup, and black sea bass are predicted toaffect party/charter vessel revenues to some extent in 9 of the 11 NEcoastal states. Angler effort aboard party/charter vessels in 2004 in MEand NH is not predicted to be constrained (i.e, affected) by the proposedmeasures, thus party/charter revenues for vessels operating in these statesare not estimated to be impacted. In addition, although potential losseswere estimated for party/charter vessels operating out of DE, these resultsare suppressed for confidentiality purposes. Average party/charter lossesfor federally permitted vessels operating in the remaining states areestimated to vary considerably across the 18 combinations of alternatives.For instance, in CT, average losses are predicted to range from only $13per vessel under the combined effects of summer flounder Alternative 2,scup Alternative 1, and black sea bass Alternative 1, to $6,456 for thecombination of alternatives proposed for summer flounder Alternative 2,scup Alternative 3, and black sea bass Alternative 1 (assuming a25-percent reduction in affected effort).
There are no new reporting or recordkeeping requirements contained inany of the alternatives considered for this action.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeepingrequirements.
Dated: April 8, 2004.
William T.Hogarth,
Assistant Administrator for Fisheries, NationalMarine Fisheries Service.
For the reasons set out in the preamble,50 CFR part 648 is proposed to be amended as follows:
PART 648-FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read asfollows:
Authority:
16 U.S.C. 1801 etseq.
2. In § 648.122,paragraph (g) is revised to read as follows:
§ 648.122 Time and arearestrictions.
(g) Time restrictions. Vessels that are not eligible for a moratorium permit under§ 648.4(a)(6), and fishermen subject to the possession limit,may not possess scup, except from January 1 through the last day ofFebruary, and from September 8 through November 30. This time period maybe adjusted pursuant to the procedures in§ 648.120.
3. Section 648.142 is revised toread as follows:
§ 648.142 Timerestrictions.
Vessels that are not eligible for a moratorium permit under§ 648.4(a)(7), and fishermen subject to the possession limit,may not possess black sea bass, except from January 1 through September 7,and September 22 through November 30. This time period may be adjustedpursuant to the procedures in§ 648.140.
[FR Doc. 04-8488 Filed 4-13-04; 8:45 am]
BILLINGCODE 3510-22-S